A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the mother of the victim B (the 10 years of age at the time of the first crime) and has been living together with the victim from February 2018 to August 2018 at the defendant's home.

1. 성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행) 피고인은 2018. 7. 25. 16:00경 횡성군 C 주거지 내에 있는 피해자(당시 만 10세)의 방에서, 엎드려 휴대폰을 하고 있던 피해자에게 ‘마사지 해줄게’라고 말한 뒤 피해자의 팬티를 내려 벗긴 후 양손으로 피해자의 엉덩이를 만지고, 계속하여 피해자의 몸 위에 올라타 성기 부위를 피해자의 엉덩이에 비볐다.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

2. Violation of the Child Welfare Act (child's sexual harassment, etc.).

A. From February 2018 to August 2, 2018, the Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation, against a child, on the victim’s home, etc. (at that time, from around 10 to 11 years old) located in Crossing-gun C over about five to six occasions between him/her and from around 2018.

B. Around June 20, 2019, the Defendant sent a text message stating that the location cannot be known from around 22:09 on the same day to around 22:20 on June 20, 2019, the Defendant committed sexual abuse, such as sexual harassment, etc., that causes a child’s sexual humiliation to the victim (the age of 11 at that time).

Summary of Evidence

1. Defendant's legal statement;

1. D Center stenographic records;

1. The screen of the victim's neighborhood and the letter that the victim has submitted;

1. Application of Acts and subordinate statutes to certified copies (B's adjustment E), marriage relation certificates (A), and family relation certificates (B);

1. Relevant Articles on criminal facts and the punishment of sexual crimes subject to the choice of punishment;